Three car accident | fault?

by Kat
(Raleigh, NC)

I was involved in an accident with three cars. There was a big piece of junk in the middle of the highway.

Car # 3 tried to avoid hitting it and swerved to another lane, car # 2 trying to avoid getting hit by car # 3 swerved as well and hit me (car # 1). Since car # 3 didn't hit anybody/anything, he just drove off. My car is damaged big time, I have comprehensive coverage and the insurance won't pay for the damages since we have no record of the third car...

I did absolutely nothing wrong, car # 2 hit me, he's insurance is paying for his damages but mine will not. They say the law in North Carolina says that you can't get uninsured motorist coverage if you don't know who the driver was. And since I don't have the collision coverage, so that won't work either. It just doesn't make any sense to me that I was not in fault at all and now I don't get paid for the damages??? Will I really be left in the dark?

Thank you so much for your time!

Answer to Three car accident | fault? :


Hello Kat,

This does not sound right. Now you have comprehensive, but not collision? If that is the case it does sound like uninsured motorist would be the coverage that covers you.

We are not sure about the law in NC, but the we understand the requirement, generally, is that there must be a POLICE REPORT. This is sufficient evidence that a vehicle which cannot be identified caused the collision.

Although we don't know the local regulation (check with a local lawyer), it seems that that regulation, as you stated, would almost render the coverage completely useless. Most uninsured drivers will leave the scene if they can or given a chance. Some will steal a car a flee the scene on foot. In our opinion, the requirement that you need to know the driver's name is way too restrictive.

Talk to an attorney and call the department of insurance and talk to someone who handles claims. They will answer your question. Consider filing a complaint with the department of insurance.


Good Luck,
Auto Insurance Claim Advice